Updated July 2019
NEW YORK STATE UNIFIED COURT SYSTEM
TENANT
QUESTIONS & ANSWERS
IN
HOLDOVER EVICTION
CASES
In this Guide:
• Learn how to:
o Answer a case
o Go to court
o Ask to stop an eviction
• Find places to get help
• See sample forms
DISTRICT, CITY, TOWN & VILLAGE COURTS OUTSIDE NEW YORK CITY
i
Table of Contents
What happens if the landlord/owner is suing to evict me? ............ 1
How do I Answer a holdover petition? ........................................... 4
How are legal papers delivered? (service) .................................... 6
How do I get ready for court? ........................................................ 8
What do I do when I go to court? .................................................. 9
Can the landlord/owner and I agree to settle the case? .............. 11
What happens at a trial? ............................................................. 13
What is an eviction? .................................................................... 15
What do I do if I need to go back to court to ask the Judge to do
something on the case? (order to show cause) .......................... 17
Where can I go for help and information? ................................... 20
Sample forms .............................................................................. 22
If you live in New York City in the Bronx, Brooklyn, Manhattan, Queens, or
Staten Island, this guide is not for you. Visit:
http://nycourts.gov/courts/nyc/housing/pdfs/tenantsguide.pdf.
1
WHAT HAPPENS IF THE LANDLORD/OWNER IS SUING TO
EVICT ME?
The landlord/owner starts a holdover case to evict a
tenant or another person (also called an occupant) in
your home. A holdover case is started for a different
reason than nonpayment of rent. For example, a
holdover case is started because your lease expired, or
you are too noisy, or the tenant gave you the apartment
without telling the landlord/owner, or you put a wall up
without permission.
If the landlord/owner starts a case only to collect rent,
that is not a holdover case. That is called a nonpayment
case. If the landlord/owner started a nonpayment case against you, this guide is not for
you. You can read the nonpayment guide at:
http://nycourts.gov/courthelp//pdfs/TenantsGuide_nonpayment.pdf.
Can the landlord/owner start a case to evict me even if I didn’t do anything
wrong?
Maybe. If you do not have a written lease, or your lease expired and you don’t live in
rent regulated housing, the landlord/owner may be able to go to court to evict you even
if you did not do anything wrong. It is the landlord/owner’s right to evict you without a
reason. Rent regulated apartments are rent stabilized or rent controlled. If your
apartment is rent regulated the landlord/owner is supposed to renew your lease if you
want to stay.
When does the landlord/owner have to give me a Notice of Termination
before starting a case?
This depends on the what kind of tenancy you have and the timing of the eviction case.
Termination Notice
Type of Tenancy/Timing
Yes
• Your lease ended, but the landlord/owner took rent from
you after the lease ended
• You have no written lease, but you pay rent each month
(month to month tenant)
• The landlord/owner wants to evict you during the lease
• You live in rent regulated housing
• You have a Section 8 subsidy
• Your lease says so
No
• If your lease ends the landlord/owner can start a
holdover case without any notice
2
What does the Notice of Termination have to say?
The landlord/owner gives you Notice of Termination to end your tenancy. The Notice of
Termination should:
• tell you the reason, and
• tell you the date that you must move, and
• tell you the landlord/owner will start a case if you don’t move by the deadline.
What is a Notice to Quit?
The landlord/owner gives you a 10-day Notice to Quit when the landlord/owner thinks
you do not have any right to stay in the apartment. You get this notice if you started
living in the apartment without the landlord/owner’s permission, like a “squatter” or a
“licensee.” If you don’t move out by the deadline in the notice, the landlord/owner can
start a case against you.
I got a Notice to Cure, what is that?
If you live in a rent regulated apartment, or you rent or own a mobile home in a mobile
home park, the landlord/owner is supposed to give you a Notice to Cure when the
landlord/owner thinks you are not following the lease. For example, the notice may tell
you to remove an illegal washing machine, or give up your pet, or stop making noise.
The Notice to Cure gives you time to fix the problem.
Important! If you don’t correct the problem by the deadline in the notice, the
landlord/owner must give you Notice of Termination ending your lease before starting a
case against you.
How does the landlord/owner start the case?
To start a holdover case, the landlord/owner must give you court papers called a Notice
of Petition and Petition. The landlord/owner must give you the papers the right way
(see page 6
). The papers tell you the date, time and place (courtroom or Part) when
you must come to court.
What do I do when I get a Notice of Petition and Petition?
If you get a Petition, you must come to court on the court date. When you come to court
you should Answer the Petition.
An Answer lets you tell the court your side of the story. Your Answer says the legal
reasons why the landlord/owner should not win the case. See page 4
for how to
Answer.
What happens if I don’t come to court?
If you don’t come to court the landlord/owner can ask the Judge for a judgment on
default against you. If the landlord/owner gets a judgment against you then you can be
evicted. See page 17 to learn about stopping an eviction by going back to court to ask
the Judge to do something on your case.
3
What if I can’t come to court on the date I was given?
You can ask the landlord/owner to agree to a new date. If the landlord/owner agrees,
get this in writing and bring it to the Court Clerk before your original court date. Or,
some courts may allow you to do this over the phone. Call the court. (Use the Court
Locator: https://www.nycourts.gov/courts/index.shtml to find the court’s phone number).
You can also send someone to court on your court date to tell the Judge why you can’t
be there. But, you must have a good reason why you can’t come to court.
Should I pay the rent?
If you try to pay, the landlord/owner may not accept the money. But, if the
landlord/owner takes your money after the deadline in the Notice of Termination or a
Notice to Quit and before the case is started, this can be a defense. Tell the court. The
landlord/owner may have to start all over again.
Once the case has started, the landlord/owner can take your money. This is called use
and occupation instead of rent. A Judge can order you to pay use and occupation while
the case is going on.
Is the court going to give me a lawyer?
No. There is no right to a free lawyer in landlord-tenant cases.
Do I have to have a lawyer?
It is always better to have a lawyer, but you do not have to have one. Voluntary
associations and corporations must have a lawyer for cases in the District or City courts,
but not in a Town or Village court.
When the landlord/owner starts a case against you he or she is the
petitioner. You are the respondent.
4
HOW DO I ANSWER A HOLDOVER PETITION?
There are two ways to answer the Petition:
• when you go to court tell the Clerk or Judge your Answer (oral Answer),* or
• give or mail a copy of a written Answer to the landlord/owner and give the Clerk or
Judge the Answer.
*If you tell the Court your Answer check to see that the Court wrote down everything you said.
The Clerk or Judge must do this under the law.
There is a sample Answer in the back of this guide that you can use as a written
Answer, or as an information sheet to help you tell the Clerk or Judge your Answer.
What do I say in the Answer?
An Answer lets you tell the court your side of the story. Your Answer says the legal
reasons that you should not have to move. Your Answer also says any other reasons
why the landlord/owner should not be able to win the case. The legal reasons are
called defenses. You will have to prove your defenses in court. You may have several
defenses depending on the facts of your case. You may have a defense not listed.
You may have a defense about the way you got the court papers, like:
• You didn’t get a copy of both the Notice of Petition and the Petition.
• The landlord/owner didn’t give you the court papers the way the law says. (See
page 6).
• You didn’t get a Notice required by law before the landlord/owner started the case.
(See page 1).
You may have a defense about the way the parties are listed on the Petition, like:
• Your name is not correct or is missing from the court papers.
• The Petitioner is not the landlord or owner of the building.
You may have a defense about the home you rent, like:
• You have or had conditions in the apartment/building which need to be repaired
and/or services which need to be restored.
• Your home is not listed correctly on the Petition (wrong address or missing
information about rent regulation).
• You fixed the problem that the landlord/owner is complaining about.
• The conditions or behavior that the landlord/owner is complaining about are not that
bad.
• The conditions or behavior that the landlord/owner is complaining about are not true.
You may have other defenses, like:
• The landlord/owner accepted rent from you after the date in the Notice of
Termination.
• The landlord/owner started this case against you to retaliate for your actions.
• You serve in the military or are dependent on someone in the military.
5
• The landlord/owner has harassed you by trying to force you to move or give up your
rights. Explain what the landlord/owner did to the Court Clerk.
You may have a defense because you are not sure that everything the landlord/owner is
saying in the Petition is correct. This is called a general denial.
Important! If you do not tell the Clerk about a defense in your Answer you might not be
able to talk about it later in your case.
Does the landlord/owner have to give me court papers in a special way?
Yes. The Notice of Petition and Petition must be given to you the right way. This is
called service of papers. If the landlord/owner does not serve you the right way this is a
defense. Tell the court. The Judge may make the landlord/owner start all over again.
See page 6 to learn how legal papers are delivered.
The landlord didn’t say anything or give me anything before starting the
case, is that a defense?
Maybe. The landlord/owner may have to give you notice before starting the case. See
pages 1-2.
Can the landlord/owner bring me to court for complaining?
Not legally. If the landlord/owner is suing to “get even” because you complained to the
landlord, the landlord’s agent or a government agency about your housing conditions or
you joined a tenants’ association, this is a defense. This is called “retaliatory eviction.”
Retaliation is not a defense if you live in a building with less than 4 apartments and the
landlord/owner lives in the building too.
What if I live in a rent regulated apartment?
If your apartment is rent stabilized or rent controlled, you may have other defenses. For
example, the landlord/owner may have to give you a renewal lease or may not have
given you a Notice to Cure. Call DHCR for more information.
Can I make a claim against the landlord/owner?
Yes! You may add “counterclaims,” to your Answer. A counterclaim is a claim that you
may have against the landlord/owner. In a counterclaim you are asking the
landlord/owner to pay you money. The counterclaim must be related to your home, like
the landlord/owner owes you money for repairs you had to make.
Are there any fees to file my answer?
No.
6
HOW ARE LEGAL PAPERS
DELIVERED?
The Notice of Petition and Petition must be given to you
the right way. This is called service. The person who
served the papers must swear how they were given to
you in an Affidavit of Service. The landlord/owner files
the Affidavit of Service with the court.
The landlord/owner handed the papers to me, is
that ok?
No, the landlord/owner can’t serve the papers. Someone who is 18 or older - not the
landlord/owner - can hand legal papers to you. This is called personal delivery. If
papers are handed to you, they don’t have to also be mailed.
The papers were given to someone else to give to me, is that ok?
Maybe. Legal papers can be given to someone who lives or works in your home, this is
called substituted delivery. Papers left with a neighbor or doorman are not served the
right way.
The person the papers are left with must be responsible and likely to give you the
papers. This person does not have to be an adult but it should not be a small child.
Papers also must be mailed to you.
The papers were left on my door, is that ok?
Maybe. Legal papers can be left on or under your door as long as the landlord/owner
has first made two attempts to find you at home. Papers also must be mailed to you.
This is called conspicuous place delivery or nail and mail.
I only got the papers by mail, is that ok?
No. Before copies of the papers are mailed to you by regular and certified mail,
someone must go to your home and leave a copy of the papers:
• with someone who lives or works in your home, or
• on or under your door.
I didn’t get any papers by mail, is that ok?
Maybe. If the papers were handed to you in person, a copy of the papers doesn’t have
to be mailed. If the papers were left for you, copies of the papers must be mailed by
regular and certified mail.
You can ask the Clerk for a copy of the Affidavit of Service to see how the
landlord/owner’s server says the papers were given to you.
7
I got papers, but the other people that live with me didn’t, is that ok?
No. Every person named in the case must get his or her own set of papers. If the
landlord/owner doesn’t know someone’s name, the person may be listed on the papers
as “J. Doe” or “John” or “Jane Doe.”
What do I do if I was not served the right way?
It is a defense if you were not served the right way. You must tell the Court Clerk or the
Judge when you answer or you may not be able to say this later. The Judge may hold a
hearing to decide if the papers were served the right way. This is called a traverse
hearing. You can ask the Clerk for a copy of the Affidavit of Service to see how the
landlord/owner’s server says the Notice of Petition and Petition were given to you.
If you win the hearing, the case will be dismissed. But the landlord/owner may start the
case over again by giving you a new set of legal papers.
What do I do if I get a certified mail pick-up slip from the Post Office?
If you get a notice from the Post Office that there is registered or certified mail for you,
go pick it up. The court considers the papers served whether you picked them up or
not, as long as the rest of the rules were followed.
Where can I find the law that says how legal papers must be delivered?
Section 735 of the Real Property Actions and Proceedings law says how a Notice of
Petition and Petition must be delivered.
https://www.nysenate.gov/legislation/laws/RPA/735.
8
HOW DO I GET READY FOR COURT?
Get all your court papers together. Gather any materials you have to prove your case.
This may include witnesses or papers, such as:
• copy of the lease and lease renewals
• letters you wrote or received about the apartment,
• photos, mark each photo with the date it was taken and what is pictured,
• record of dates and conversations you had with the landlord/owner,
Bring the original papers to the court.
What can I do if a witness refuses to come to court or I can’t get documents
I need?
If a witness refuses to come to court or you are having trouble getting documents you
need, you can subpoena them. Go to court and tell the Clerk you need a subpoena
issued. A subpoena must be served at least 48 hours before the trial.
What if I don’t speak English well?
The court will give you an “official” interpreter for free. It is a good idea to tell the court
before your court date so they can have an interpreter ready for you. Visit:
http://nycourts.gov/Accessibility/listbycounty.shtml to find the phone number. If you are
having problems, call the Office of Language Access: 646 386-5670.
What if I need accommodations for a disability (ADA)?
Many courts have a contact person to help you. Ask the Court or visit:
http://nycourts.gov/Accessibility/listbycounty.shtml to find the phone number.
Is there anywhere I can go to get answers to legal questions or questions
about procedure?
You can visit a law library or a Court Help Center if there is one in your county. You can
speak to court staff for legal information. Find one close to you:
http://www.nycourts.gov/courthelp/GoingToCourt/gettingHelp.shtml
. There may be
more help for you from one of the resources listed in this guide on page 20.
9
WHAT DO I DO WHEN I GO TO COURT?
What time should I get to court?
Get to court early. Plan to arrive 45 minutes before your court time. You may have to
go through a security line. Remember you may be in court for several hours.
Can I bring my children with me?
Yes, but it is better to find someone to watch them during your court appearance.
How should I dress for court?
Court is a formal place and you should dress respectfully. Do not wear t-shirts with
curses, belly shirts, sunglasses, or torn clothing. You will be asked to take your hat off.
You do not have to buy new clothing for court.
Is the court going to give me a lawyer?
No. There is no right to a free lawyer in landlord-tenant cases outside New York City.
Should I speak to the landlord/owner or the attorney by myself?
The landlord/owner or the landlord/owner’s attorney may call out your name to talk to
you alone. You can talk to the landlord/owner or the attorney to try to settle the case,
but you do not have to. You can tell the attorney that you want to wait until the case is
called.
What happens on my first court date?
Go see the Clerk seated at the front of the courtroom and let the Clerk know you are
there. Tell or give your Answer to the Clerk. Then take a seat and wait for the Clerk to
call all the cases. This is called the calendar call. Listen for your name.
The Judge may ask you and the landlord/owner or the landlord/owner’s attorney some
questions and may try to settle the case. If you do not settle and both sides are ready,
the Judge may hold a trial. In some courts, the Judge will hold the trial right away. In
other courts, the Judge will schedule the trial for another day. Make sure to tell the
court if you are not ready.
What should I do if I am not ready?
At your first court date, if you need more time for any reason, you can ask the Judge to
postpone the case. This postponement is called an adjournment. The Judge must
adjourn the case for at least 14 days, even if the landlord/owner disagrees. You will get
a new court date.
If you are still not ready at your next court dates, you can ask the court for another
adjournment but it’s up to the Judge if the landlord/owner doesn’t agree. It’s important
to have a good reason why you need more time, like your witness is away or your
waiting for records.
10
What can happen when the court calls my case?
That depends on why you are in the courtroom:
• If you are there for your court date, you will see the Judge to see if your case can be
settled. See page 11 about settlements.
• If your case can’t be settled, the case will be tried. See page 13 about trials.
• If you need more time, you may be asking for an adjournment.
• If you and the landlord/owner settled your case, you will tell the court.
• If you are there because you or the landlord/owner served papers asking the Judge
to do something on your case by an Order to Show Cause, you will see the Judge.
The Judge will listen to you and the landlord/owner and make a decision. See
page 17 about Orders to Show Cause.
People who don’t have a lawyer are called “Pro Se” or “Self-Represented”
or “Unrepresented” litigants.
11
CAN THE LANDLORD/OWNER AND I AGREE TO SETTLE
THE CASE?
You and the landlord/owner can settle your case with or without the help of the court.
What should I do if the landlord/owner and I agree to settle the case before
the court date?
If you and the landlord/owner make an agreement, you should:
• Put your agreement in writing.
• Both you and the landlord/owner must sign the agreement.
• Make a copy for the court and another for your records.
• Go to court to give the Clerk or Judge what you and the landlord/owner agreed to.
How do the landlord/owner and I settle the case in court?
If you want to try to settle the case, find the landlord/owner or the landlord/owner’s
attorney. If you and the landlord/owner make an agreement it is best to write it down in
a Stipulation of Settlement. When settling the case:
• Only agree to what you think is fair.
• Be sure you can do what you promise by the dates you promise.
• Make sure the agreement takes care of all your defenses.
• Ask the Judge to explain any legal terms.
• Do not sign anything unless you have read and understand it. If something is not
clear, you can ask the Judge questions.
What should the Stipulation say if the landlord/owner agreed to reduce the
rent I owe?
If the landlord/owner agrees to reduce or waive some of the rent you owe because of
conditions you have lived with in the apartment, or because you have agreed to move,
the Stipulation should say the amount of money waived and the time period covered.
What should the Stipulation say if I have agreed to correct any issues or
move out?
The Stipulation should give you enough time to correct any issues which you have
agreed to take care of. If you have agreed to move, the Stipulation should give you
enough time to find a new place to live. Put the dates by when things must be done in
the Stipulation.
Must the Stipulation have a judgment for the landlord/owner?
No. You can agree to settle the case without a judgment. If the Stipulation has a
judgment, and you do not do what you promised to do, the landlord/owner can use the
judgment to have you evicted without you coming back to court. The landlord/owner
may not agree to a settlement without a judgment.
12
What if the landlord/owner doesn’t do what is supposed to be done in the
Stipulation? What if I need more time to do what I am supposed to do?
If you or the landlord/owner do not do what you agreed to in the Stipulation of
Settlement, or you need more time to do what you agreed, you can go back to court.
This is called an Order to Show Cause. See page 17 on how to go back to court to ask
the Judge to do something on your case.
What if I don’t want to settle the case?
If you don’t want to settle the case you do not have to. Nobody can force you to settle
the case. If the case is not settled there will be a trial.
Can the landlord/owner and I make an agreement that changes the
Stipulation or a Judge’s decision?
Yes, but put it in writing, keep a copy for your records and give a copy to the court.
13
WHAT HAPPENS AT A TRIAL?
At a trial, the landlord/owner tries to prove the case for eviction and the tenant tries to
prove the defenses or counterclaims. Both sides testify and show their proof to the
Judge.
Who decides cases my case?
Cases are usually decided by Judges without a jury. You or the
landlord/owner can ask for a jury trial if your lease allows it or you
have no lease. Most leases do not allow jury trials. You must file a
jury demand and pay the jury fee on the court date. In the District
or City courts it costs $70.00 if you ask for a jury trial. In the Town
or Village it costs $10.00.
You can ask the Judge to file a late jury demand, but the Judge
may say no.
How do I act during the trial?
During the trial:
• be yourself and just say what happened,
• give complete answers about the question,
• don’t argue with the landlord/owner or the landlord/owner’s attorney or the Judge.
What happens during the trial?
The landlord/owner tries to prove the case for eviction first. This is called testifying.
You will also have a turn to testify and ask each witness questions. The Judge may
also ask questions. Everyone who testifies must swear to tell the truth.
You and the landlord/owner can object to questions, answers or documents.
How do I object?
You can object if you think there is a reason why the testimony or the document should
not be allowed by the Judge, not just because you disagree with it. You can object if:
• the witness is only repeating what someone else told him or her (this is called
hearsay),
• you think that the testimony or document has nothing to do with the case (this is
called irrelevant),
• a document is not certified or an original document has been changed.
If you have an objection you must interrupt the trial and say, objection. The
landlord/owner can also object. The Judge will decide whether to agree with the
objection, sustain, or disagree with the objection, overrule, before going on with the trial.
What happens at the end of the trial?
When you and the landlord/owner are finished explaining your sides of the case, the
Judge will make a decision. If the landlord/owner wins, the landlord/owner will get a
judgment from the court for possession and for money that is owed. Money for living in
14
the home during the case is called use and occupation. The Judge issues a warrant for
your eviction. You will get a Notice of Eviction telling you when you must move.
If you win, the case will be dismissed. You may find out the Judge’s decision right away
or you may get it in the mail later on.
Do I get time to fix conditions if the landlord/owner proves that I broke
(breached) terms in my lease?
The court will give the landlord/owner a judgment, but the landlord/owner won’t be able
use the judgment to evict you for 30 days. If you fix the condition during this time, the
judgment will be cancelled. Make sure the court knows that you have corrected the
condition.
What if I need more time to find a place to live?
You must come to court and ask the Judge for more time. See page 17 on how to go
back to court to ask the Judge to do something on your case. Save all ads for
apartments that you tried to get, with dates and notes like “already taken,” “too small” or
“bad neighborhood” to prove to the Judge that you really tried to find another apartment.
You can also tell the Judge reasons you were unable to look, like you were sick, or you
had a death in your family.
What happens if I don’t pay the amount owed in the money judgment?
A money judgment can be collected against you for 20 years, even if you moved out or
were evicted.
What if I think the Judge was wrong?
If you lose and think the Judge made a mistake, you can appeal. An appeal asks a
higher court to decide if the Judge was wrong. You can only appeal a Judge’s order or
judgment. An appeal is expensive and must be made quickly.
A money judgment gives the landlord/owner the right to collect money
from you.
A judgment of possession gives the landlord/owner the right to evict you.
15
WHAT IS AN EVICTION?
In an eviction, a law enforcement officer, like a Marshal, Sheriff,
or Constable, comes to your home, changes the locks, or
removes your things, and makes you and your family leave.
What is a Notice of Eviction?
A Notice of Eviction is a paper given to you by a Marshal, Sheriff
or Constable after the landlord/owner wins the court case. This
can happen even if you missed your court date. The 14-day
Notice of Eviction tells you that you will be evicted from your home.
If I got a Notice of Eviction when will I be forced to leave?
The Notice of Eviction gives you at least 14 days’ notice and should have the date you
must move. The eviction can be scheduled any time after that date. But you can only be
evicted on a business day, so if the 15
th
day falls on a weekend, the eviction can’t take
place until Monday. You can only be evicted during daylight hours. Call the number on
the Notice of Eviction and ask if the eviction has been scheduled and when it is going to
happen.
Do I get more time to move if I own a mobile home and I rent space in a
mobile home park from a mobile home park owner or operator?
Yes. The Marshall, Sheriff or Constable must give a tenant who owns his or her mobile
home a 90-day Notice of Eviction unless the Judge ordered something different
because of a dangerous situation.
Can the landlord/owner change my locks and evict me?
If you have lived in your home for more than 30 days, only a Marshal, Sheriff or
Constable can evict you and only after the landlord/owner has taken you to court and
won a judgment against you.
How can I stop an eviction?
If you want to try to stop the eviction go to court right away. You will need to fill out an
Affidavit and Order to Show Cause papers and bring them to the courthouse. If a Judge
signs the Order to Show Cause with a stay of the eviction, this will stop the eviction after
you have delivered the Order to Show Cause to the landlord/owner and any Marshal,
Sheriff or Constable. This does not mean that the eviction will be stopped for good.
You will get a court date to come to court to talk about your reasons that the eviction
should be stopped. See page 17
on how to go back to court to ask the Judge to do
something on your case.
Can I ask the court to postpone (stay) the eviction?
Yes. You will need to fill out Order to Show Cause papers and bring them to the
courthouse right away. The court has the power to postpone the eviction, also called a
stay for up to 1 year. You will need to give the court good reasons why the eviction
should be stopped or why the judgment should be canceled. The court will consider the
hardship that a stay may cause the landlord/owner and if the landlord/owner can prove
16
you are an objectionable tenant. You will most likely have to pay use and occupancy
during the stay. See page 17 on how to go back to court to ask the Judge to do
something on your case.
Can I ask the court to put me back in my home after the eviction?
Yes. You can fill out Order to Show Cause papers asking to be put back in your home.
But, you will need to have a very good reason for the judge to do this, like the
landlord/owner was harassing you and trying to get rid of you, or that the landlord/owner
was taking you to court because you complained. If the landlord/owner re-rents your
home, it will be harder to get back in.
A Notice of Eviction is different from the Notice of Petition and Petition
which are the papers that start a court case against you.
17
WHAT DO I DO IF I NEED TO GO BACK TO COURT TO ASK
THE JUDGE TO DO SOMETHING ON THE CASE?
An Order to Show Cause (OSC) is a written court form
that asks the Judge to do something on the case. It can be
used:
• to ask the court to stop an eviction,
• to make a landlord/owner do what he or she was
ordered to do or agreed to do,
• to ask for more time to do what you were ordered to do
or agreed to do,
• to bring your case back before the Judge for any other
reason,
• to explain why you missed your court date or didn’t Answer.
How do I make an Order to Show Cause?
You need to fill out a written Affidavit in Support form and an Order to Show Cause form
to give to the court. An Affidavit is your sworn statement that tells the Judge what you
need. You give the Judge your sworn Affidavit with an OSC for the Judge to sign. The
Judge will fill in the OSC and choose a new court date for everyone to come to court to
talk about what you asked for. You may have to wait for some time for the Judge to
review the papers.
Important! Tell the Clerk if you know that your eviction is already scheduled.
What happens if the Judge signs the OSC?
If the Judge signs the OSC make copies of all the papers because you will have to
serve a copy of the OSC and Affidavit on the landlord/owner and maybe the Marshal,
Sheriff or Constable. The OSC will say how you must deliver the papers. After you
serve the papers you must fill out an Affidavit of Service and sign it in front of a notary.
An Affidavit of Service is a sworn statement that says how the court papers were
delivered. You don’t need to fill out an Affidavit of Service if the person you serve signs
and dates a copy of the OSC acknowledging that he or she received the papers. (See
sample Affidavit of Service
in the back of this guide.)
You and the landlord/owner must come back to court on the date on the OSC to see the
Judge. Bring your proof and the Affidavit of Service or the acknowledgment with you
when you go back to court. The Judge will listen to you and the landlord/owner and
make a decision.
What do I write in the Affidavit if I missed my court date and the
landlord/owner got a judgment on default?
If the landlord/owner has a judgment against you because you missed your court date
you can use the court’s free and easy DIY (Do-It-Yourself) Form program to make your
Affidavit and OSC: http://nycourthelp.gov/diy/tenantVacateDefault.html. It will help you
fill in the two things you need to prove in the Affidavit
18
1. A good reason for not going to court when you were supposed to, for example, "I
never received the court papers" or "I was sick," and,
2. A good defense against the landlord/owner's claim in the petition, such as "I paid
some of the rent," or "I need repairs."
Note: The Affidavit form in the back will not work for this.
What do I write in the Affidavit if I got evicted and I never came to court?
If you never came to court and you were evicted already in addition to a good reason
and good defense, you have to show the Judge good cause for putting you back in your
home. This depends on the facts of your case. The Judge will want to know things like,
if your home was re-rented to someone else, how long ago were you evicted, how long
did you live there, or if you have any disabilities.
What do I write in the Affidavit if I need to ask for more time to do what I
was ordered or agreed to?
If you need to ask for more time to do what you promised in the settlement agreement
or were ordered to pay by the Judge, you must give the court a good reason. For
example, “I haven’t found someone to take my dog, or “I have been very ill and stuck in
bed, so I couldn’t clean.” Your reason depends on the facts of your case.
Come to court to make an OSC to restore the case to the calendar as soon as you
know that you will not be able to do what you are supposed to do. You should not wait
until the date passes. See sample Affidavit in Support
in the back of this guide.
What do I write in the Affidavit if the landlord/owner didn’t do what was
supposed to be done?
If the landlord/owner did not do what was promised in a Stipulation of Settlement or was
ordered by the Judge, your Affidavit must explain what happened. Make an OSC to
restore the case to the calendar. See sample Affidavit in Support in the back of this
guide.
What do I write in the Affidavit if I want court to postpone (stay) an
eviction?
The court can postpone the eviction for up to 1 year, if you have very good reasons why
you can’t find another similar place to live, or that moving now would cause you
“extreme hardship.” Examples of extreme hardship can be any reasons why relocating
would negatively impact your quality of life, like:
• Serious illness, or
• How moving will impact your child’s attendance at a local school
See sample Affidavit in Support in the back of this guide.
When is the Court open?
Most District and City courts are open Monday to Friday from 9:00 am to 5:00 pm.
Town and Village courts have their own hours. Some courts are closed between the
hours of 1:00 pm to 2:00 pm. Call the court before you go. Use the Court Locator box
to find the court’s phone number: http://nycourts.gov/courts/index.shtml.
19
Can I make more than one OSC?
Yes. But you must tell the Judge that you made an OSC before, why you made it, what
happened and what’s different this time.
What do I do if there is not enough space on the Affidavit Form or I have
papers that prove the requests in my OSC?
You can add as many pages of your story as you want to support your OSC. Make sure
any written statements are notarized too. You can also attach anything that proves the
things you said in your Affidavit. The more proof, the more likely the Judge will sign
your OSC.
Attach all papers to the Affidavit in Support and deliver full sets of copies when you
serve the papers.
There are free sample OSC and Affidavit forms at the back of this guide.
Read them carefully. They may not be right for the facts of your case.
20
WHERE CAN I GO FOR HELP AND INFORMATION?
Where can I find a lawyer?
The New York State Bar Association has a Lawyer Referral Service: 1-800-342-3661 or
http://www.findalawyernys.org. This service gives you a contact information for a lawyer
who will charge a $35.00 consultation fee for the first half-hour. If you hire the lawyer
after this consultation, you and the lawyer will work out the cost.
LawHelp also has phone numbers for free legal services offices all over New York:
https://www.lawhelpny.org/find-legal-help.
Where do I get landlord-tenant information about the court on the internet?
• The Unified Court System has a website called CourtHelp with more information:
http://www.nycourthelp.gov.
• The City, Town and Village Courts have a website at:
https://www.nycourts.gov/courts/townandvillage.
• District Courts have a webpages at: https://www.nycourts.gov/courts/cts-outside-
nyc-DISTRICT.shtml.
Can I call the Court?
Yes. City Court phone numbers can be found from:
https://www.nycourts.gov/courts/cts-outside-nyc-CITY.shtml.
For Suffolk County District Courts, call: (631) 853-7500.
For Nassau County District Court, call: (516) 572-2355.
Where can I read housing laws?
Real Property Actions and Proceedings Law Article 7:
https://www.nysenate.gov/legislation/laws/RPA/A7.
Real Property Laws Article 7: https://www.nysenate.gov/legislation/laws/RPP/A7.
How can I get more information on my rights as a tenant?
The New York State Attorney General publishes a tenants’ rights guide at:
https://ag.ny.gov/sites/default/files/tenants_rights.pdf.
LawHelp also has a large amount of legal information:
• English: https://www.lawhelpny.org/issues/housing/eviction.
• Spanish: https://www.lawhelpny.org/es/issues/housing/eviction.
Where can I go to get financial help?
• To apply for temporary assistance: 1-800-342-3009, or go to your local office of
the Department of Social Services ("DSS"). Locations can be found at:
http://otda.ny.gov/workingfamilies/dss.asp.
• For other assistance: Call 2-1-1 for help with food, housing, employment, health
care, counseling and more, or visit: http://www.211.org/.
21
Where can I find help to organize the tenants in my building?
New York State Tenants and Neighbors Information Service: (212) 608-4320, or at
https://www.tandn.org.
Where do I go if the landlord/owner is discriminating against me?
If the landlord/owner is discriminating against you due to your age, race, gender, sexual
orientation or any other grounds, call the New York State Division of Human Rights at
(718) 741-8400.
Where can I find information about rent control or rent stabilization?
Call the New York State Division of Housing and Community Renewal at
(718) 739-6400.
Where can I get help solving my problem without going to court?
You can find the location of a community dispute resolution center near you in the
phonebook or at: http://www.nycourts.gov/ip/adr/ProgramList.shtml.
Where can I find information if I am in the military or dependent on
someone in the military?
You can find help on the Stateside Legal website at: http://statesidelegal.org/. The
website offers information about the protections for military personnel under the
Servicemembers Civil Relief Act (SCRA), as well as free programs that will help you
make your landlord-tenant forms.
How do I make a complaint about the way an attorney, Judge or court
employee acted?
If you were not treated fairly and with respect, you can file a complaint. You can find out
the right place to contact on the court system’s website at:
http://www.nycourts.gov/howdoi/fileacomplaint.shtml.
7/19
STATE OF NEW YORK
CITY/DISTRICT/TOWN/VILLAGE COURT _______________________________
COUNTY OF _______________________________________
_______________________________________
Petitioner(s)/Landlord(s)
-
against-
_______________________________________
Respondent(s)/Tenant(s)
_______________________________________
Respondent(s)/Under-Tenant(s)
Index/Docket No.: _____________
TENANT’S ANSWER and
COUNTERCLAIMS in
HOLDOVER CASE
State of New York
County of _________________________}
_________________________________, being duly sworn, deposes and says:
ANSWER
General Denial. I am not certain that the Petition is correct.
SERVICE
I did not get both the Notice of Petition and Petition.
I got the Notice of Petition and Petition, but the papers were not delivered the way
the law says.
I did not get a Notice required by law before the landlord started the case.
PARTIES
My name is listed wrong in this case.
My name is not on the Notice of Petition and Petition
The tenant listed is dead.
The Petitioner is not the Landlord or Owner of the building or otherwise a proper
party.
APARTMENT/HOUSE
I fixed the problem that the Petitioner is complaining about.
The conditions or behavior that the Petition is complaining about are not that bad.
The conditions or behavior that the Petition is complaining about are not true.
There are or were conditions in the apartment and/or building/house that need to be
repaired and/or services that need to be restored.
Conditions in the apartment/house:
___________________________________________________________________
____________________________________________________________.
7/19
My home is not listed correctly on the court papers: q wrong apartment/house
number q wrong or missing information about rent regulation or laws that cover me.
OTHER
Petitioner accepted rent from me after the date in the Notice of Termination.
Petitioner started this case to retaliate for my actions taken in the past year.
The Petitioner has harassed me by:
________________________________________________________________.
I serve in the military q I am dependent on someone in the military.
Other defense / answer: ____________________________________________
________________________________________________________________
COUNTERCLAIMS
I seek a judgment and/or order against the Petitioner.
The Petitioner owes me $__________ because I paid for repairs or services.
The Petitioner owes me $__________ for rent overcharges.
The Petitioner owes me an abatement on the rent for failing to provide services.
The Petitioner should be fined for harassing me.
VERIFICATION
I am the respondent in this case and I’ve read this Answer and know what it says and
know that it is true or believe it to be true.
______________________ ________________________________
Date Signature
________________________________
Print Name
Sworn to me before this ______
day of __________________, 20____
_______________________________
Notary/Clerk
7/19
STATE OF NEW YORK
CITY/DISTRICT/TOWN/VILLAGE COURT _______________________________
COUNTY OF _______________________________________
_______________________________________
Petitioner(s)/Landlord(s)
-
against-
_______________________________________
Respondent(s)/Tenant(s)
_______________________________________
Respondent(s)/Under-Tenant(s)
Index/Docket No.: _____________
ORDER TO SHOW CAUSE
(order to go to court)
FINDINGS
The court reviewed the request filed by the respondent and finds there is reason to
approve this order.
Other findings:_____________________________________________________
NEW COURT DATE
The court orders the parties to go to court:
Date: ___________________________
Time: ____________________________
Location: ______________________________________________________________
______________________________________________________________________
On the new court date, petitioner or petitioner’s attorney must show cause why the court
should not order the requests made by respondent
and why an order should not be made vacating and setting aside the Judgment and
Warrant of Eviction in this case.
and why an order should not be made dismissing the Petition or, in the alternative,
restoring this case to the calendar for the reasons in the respondent’s affidavit.
and why such other and further relief should not be granted as may be just and proper.
OTHER ORDERS
It is ordered that until new directions from the court:
7/19
Until new directions from this court, petitioner and petitioner’s attorneys and agents
and any Sheriff, Marshall or Constable are stayed from enforcing the judgment and
warrant of eviction in this case.
Respondent must deposit $___________ by cash, certified check or money order
with the clerk to be transmitted to the fiscal authority: ___________________ until
new directions from the court.
Respondent must serve (deliver) a copy of this Order to Show Cause, Affidavit in
Support and any submitted papers to:
Petitioner/Petitioner Attorney:
_________________________________
_________________________________
_________________________________
by:
personal service (in-hand)
certified mail return receipt requested
first class mail with certificate of
mailing at post office
on or before _______________________
Marshal/Sheriff/Constable:
_________________________________
_________________________________
_________________________________
by:
personal service (in-hand)
certified mail return receipt requested
first class mail with certificate of
mailing at post office
on or before _______________________
Respondent must bring proof of service of a copy of these papers to the new court.
Other: _____________________________________________________________
___________________________________________________________________
___________________________________________________________________
ENTER:
DATE: _______________________
___________________________________________
CITY/ DISTRICT/TOWN/VILLAGE COURT JUDGE/JUSTICE
7/19
STATE OF NEW YORK
CITY/DISTRICT/TOWN/VILLAGE COURT _______________________________
COUNTY OF _______________________________________
_______________________________________
Petitioner(s)/Landlord(s)
-
against-
_______________________________________
Respondent(s)/Tenant(s)
_______________________________________
Respondent(s)/Under-Tenant(s)
Index/Docket No.: _____________
AFFIDAVIT IN SUPPORT OF
ORDER TO SHOW CAUSE TO
RESTORE THE CASE TO THE
CALENDAR
(request to go back to court)
Address: ____________________
__________________ Apt.______
State of New York
County of _________________________}
_________________________________, being duly sworn, deposes and says:
PARTY
I am the tenant named as respondent in this case.
I am the person claiming possession to these premises and am the
_____________________________ of the tenant named above.
WHAT HAPPENED ON/AFTER LAST COURT DATE
On the last court date:
A Stipulation (written agreement) was
made between landlord and tenant.
A Trial / Inquest was held before Judge
______________________________
The case was adjourned (postponed).
The Judge
denied
granted a
motion/order to show cause made by
me petitioner.
I got a Notice of Eviction
Other: __________________________
_______________________________
REASON FOR NEW COURT DATE
I am asking the court to restore the case to the calendar on a new court date because:
I need more time to make repairs or
correct something in my home.
The landlord didn’t make repairs that
were supposed to be made.
I need to be allowed to move back into
my home because: _______________
_______________________________
_______________________________
7/19
There are mistakes in the Stipulation:
_______________________________
_______________________________
I need more time to find another place
to live because I can’t find a similar
place in my neighborhood. I have tried
by: ____________________________
_______________________________
_______________________________
Other reason or more details for reason
checked:
__________________________________
__________________________________
__________________________________
__________________________________
__________________________________
__________________________________
Additional reasons/details are attached.
PRIOR ORDER/PRIOR CASES
I have not made an Order to Show Cause before in this case.
I have made an Order to Show Cause in this case before, but am asking for a new
court date because of these new reasons that I didn’t tell the court before:
___________________________________________________________________
___________________________________________________________________
I have had a case before with this landlord.
Earlier Index/Docket Numbers: __________________________________________
REQUESTS
I ask that the case be restored to the calendar and I be given a new court date for the
reasons above and I be granted permission to serve these papers myself. I also ask:
that the court read my supporting papers submitted with this request.
that the landlord, landlord’s attorneys and agents, and any Marshal, Sherriff or
Constable be stayed from enforcing the judgment or warrant against me.
that the court vacate (cancel) the judgment and warrant of eviction against me.
other: ______________________________________________________________
________________________________
Signature of Respondent
________________________________
Print or Type Name
Sworn to me before this __________
day of __________________, 20____
______________________________
Notary/Clerk
7/19
STATE OF NEW YORK
CITY/DISTRICT/TOWN/VILLAGE COURT _______________________________
COUNTY OF _______________________________________
_______________________________________
Petitioner(s)/Landlord(s)
-
against-
_______________________________________
Respondent(s)/Tenant(s)
_______________________________________
Respondent(s)/Under-Tenant(s)
Index/Docket No.: _____________
AFFIDAVIT OF SERVICE OF:
ORDER TO SHOW CAUSE and
AFFIDAVIT IN SUPPORT
(proof of delivery of papers)
Address:
__________________________
________________ Apt._____
State of New York
County of _________________________ ss}
___________________________________, being duly sworn, deposes and says:
On (date)____________________________________________, I served copies of the
Order to Show Cause and Affidavit in this case on:
Petitioner/Petitioner’s Attorney/Agent: (name person served):
______________________________________ on (date) __________________ at:
___________________________________________________________________
Street address city state zip
by first class mail with certificate of mailing
by certified return receipt requested
by hand delivery at (time): ______________ a.m. p.m.
The person served is described as follows:
Sex: ______________, Color of Skin: ______________, Hair Color:
____________,
Approximate: Age: _________, Weight: ______________, Height: __________
Other identifying features: ___________________________________________
Marshal/Sheriff/Constable (name person served):
______________________________________ on (date) __________________ at:
___________________________________________________________________
Street address city state zip
by first class mail with certificate of mailing
7/19
by certified return receipt requested
by hand delivery at (time): ______________ a.m. p.m.
The person served is described as follows:
Sex: ______________, Color of Skin: ______________, Hair Color:
____________,
Approximate: Age: _________, Weight: ______________, Height: __________
Other identifying features: ___________________________________________
________________________________
Signature of Person Serving Papers
Sworn to me before this ______
day of __________________, 20____
_______________________________
Notary/Clerk
